E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRSTSESSION Vol. 151 WASHINGTON, TUESDAY, FEBRUARY 15, 2005 No. 16 House of Representatives The House met at 12:30 p.m. and was we will take it up and pass it again, cording to the needs of American fami- called to order by the Speaker pro tem- and send it, along with the final prod- lies and the principles of reform they pore (Mr. PETRI). uct, to the President for his signature. endorsed in last November’s historic f This first step, Mr. Speaker, is a election. The 109th Congress has a giant leap. For the first time in years, mandate for reform, Mr. Speaker, and DESIGNATION OF SPEAKER PRO the power of trial lawyers to abuse our this week we will send the President TEMPORE generous and open legal system will be the first product of that mandate. The SPEAKER pro tempore laid be- checked by ensuring that class action f fore the House the following commu- lawsuits are both valid and designed to protect victims, not line lawyers’ pock- MONEY FOR VETERANS HEALTH nication from the Speaker: CARE WASHINGTON, DC, ets. February 15, 2005. It first requires that large interstate The SPEAKER pro tempore. Pursu- I hereby appoint the Honorable THOMAS E. class actions be filed in Federal court ant to the order of the House of Janu- PETRI to act as Speaker pro tempore on this to streamline the process and make ary 4, 2005, the gentleman from Wash- day. sure that lawyers cannot shop around ington (Mr. BAIRD) is recognized during J. DENNIS HASTERT, for the most historically generous morning hour debates for 5 minutes. Speaker of the House of Representatives. State venues. Mr. BAIRD. Mr. Speaker, yesterday f It puts an end to other tricks certain President Bush submitted his $82 bil- lion budget for the Iraq supplemental MORNING HOUR DEBATES lawyers use to keep their cases out of Federal court. And it establishes a con- proposal, yet he did not request in that The SPEAKER pro tempore. Pursu- sumer class action bill of rights that proposal a single dollar to pay for vet- ant to the order of the House of Janu- ensures it is the plaintiffs and not just erans services. ary 4, 2005, the Chair will now recog- the lawyers who benefit from legiti- Tens of thousands of our troops will nize Members from lists submitted by mate class action suits. be returning home this year, and yet the majority and minority leaders for This last provision will prevent a re- the VA system is already greatly un- morning hour debates. The Chair will peat of the Shields et al v. Bridgestone/ funded, with long waiting lists for serv- alternate recognition between the par- Firestone case in which the plaintiffs ices for soldiers and their families. ties, with each party limited to not to got nothing, but their lawyers got $19 President Bush’s supplemental pro- exceed 30 minutes, and each Member, million, or of the Microsoft antitrust posal and his budget have failed our except the majority leader, the minor- litigation in which consumers received Nation’s veterans. ity leader, or the minority whip, lim- 5 to $10 in voucher coupons, while at- Now, it is the responsibility of this ited to not to exceed 5 minutes, but in torneys billed hundreds of millions of body, of this Congress, to make sure no event shall debate extend beyond dollars in fees. that our returning soldiers and their 1:30 p.m. This is a pattern of abuse, Mr. Speak- families get the health care services The Chair recognizes the gentleman er, greed rewarded on a breathtaking they deserve. from Texas (Mr. DELAY). scale by a legal system in desperate Today, I have been joined by over 50 f need of protection. Class action fair- colleagues in sending a letter to the ness is not just reform; it is self-de- President and to members of the Com- CLASS ACTION REFORM fense. After all, our courts are not mittee on Appropriations requesting Mr. DELAY. Mr. Speaker, this week home to a legal system but a system of that the $82 billion supplemental bill the House will take the first step of the justice, justice too long denied Amer- include an additional $1.3 billion to new Congress towards fulfilling our ican plaintiffs and defendants. provide for our returning soldiers and mandate to reform America’s legal sys- Consumers and businesses alike have their families. tem, which for decades has been too been victimized by lawsuit abuse, court This proposal has been endorsed by often and too easily gamed by preda- dockets are backed up, companies are the Military Officers Association of tory self-serving personal injury law- paying lawyers instead of employees, America, the National Military Fami- yers. and our economy is suffering for it all. lies Association, and the Paralyzed Last week, the Senate passed the With the Class Action Fairness Act, Veterans of America. Class Action Fairness Act, legislation Congress will begin the work of restor- I urge my colleagues on both sides of essentially identical to a bill passed by ing common sense and common de- the aisle to do the right thing. If we the House in recent years. This week, cency to our legal justice system, ac- can find $80 billion to send to Iraq, b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. H589 . VerDate Aug 31 2005 06:39 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H15FE5.REC H15FE5 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H590 CONGRESSIONAL RECORD — HOUSE February 15, 2005 then for goodness sake we can find $1.3 pletely dismissed in various city, BUDGET PRIORITIES AND MORAL billion to take care of our soldiers and State, and Federal courts. In fact, just VALUES their families. a few days ago San Francisco, based in The SPEAKER pro tempore. Pursu- If we do not do this, what kind of California, the appellate court there ant to the order of the House of Janu- message are we sending to the brave unanimously upheld a superior court ary 4, 2005, the gentleman from Ohio men and women who have served this decision dismissing lawsuits filed by (Mr. BROWN) is recognized during morn- country? I hope Members on both sides Los Angeles, San Francisco, and 12 ing hour debates for 5 minutes. of the aisle will join me in this effort other California municipalities against Mr. BROWN of Ohio. Mr. Speaker, and that the President himself will see members of the firearms industry. I last week President Bush delivered to fit to support it as well. welcome this decision. Congress his proposed Federal budget. f However, there are still several law- In the coming months, Democrats and THE PROTECTION OF LAWFUL suits pending which threaten to dev- Republicans in Congress will debate COMMERCE IN ARMS ACT astate the industry. In New York City, budget proposals largely based on di- vergent cardinal moral values. The SPEAKER pro tempore. Pursu- recently enacted legislation allows vic- tims of crime to sue the dealers and We will debate budget cuts that rep- ant to the order of the House of Janu- resent more than just program scale- ary 4, 2005, the gentleman from Florida gunmakers. We also must consider that just the mere threat of these suits, backs. The President’s proposed cuts to (Mr. STEARNS) is recognized during vital government programs are reflec- morning hour debates for 5 minutes. taking the first couple of legal steps to defend these suits can be enough on tive of differences in core philosophies Mr. STEARNS. Mr. Speaker, I rise on the role of our government in serv- today to tell my colleagues about a their own to force some of the smaller companies out of business. ing our people. piece of legislation that I have put in; Budgets are moral documents that it is called the Protection of Lawful As one prominent person said of this reveal the fundamental priorities of a Commerce in Arms Act. My cosponsor tactic, we are going to make the gun person, of a household, of a business, of is Congressman RICK BOUCHER. industry die a death by a thousand a government. The President’s ‘‘every Last year we introduced a very simi- cuts. So our legislation will end these man for himself budget’’ disregards lar piece of legislation, and it passed, coercive and undemocratic lawsuits. millions of Americans and undercuts my colleagues, with overwhelming bi- Now, I understand there are some of our Nation’s values. There is no better partisan support. Our bill has the sup- my colleagues that may be hesitant to example of where Democrat and Repub- port of the U.S. Chamber of Commerce, support my bill since the media and lican values diverge than in Medicaid. the National Association of Manufac- gun control advocates have spent years The President claims he only wants turers, and the National Association of and millions of dollars vilifying the to cut programs that are not getting Wholesalers, among other prominent firearms industry. No one wants to be results or that duplicate current ef- groups. seen granting the industry special forts or that do not fulfill essential pri- What this legislation does is stops treatment or helping them to get away orities.